Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-07-22
'NF0R NATION
~'..FoR....
AND LOcA1ops
MI Z NJ ELS
APPLICATION FOR PATENT


where papers have once haan s,.sw,
Register and Receiver thev nied with
tne record, and can neither he part
eral Land Once. "nni'teu 10 the Gen
scri ntipp 80 Will be rejected when the
p;aon oi the premises is erroneons or
Application for patent will ba ,a,o..u
cause: ""i oe rejected be
rlrst ,Ihe notice was publ shea w,tho,
knowledge of the Register neu wi'noutthe
oooonu-a notice was not published In
newspAper designated as published nearesttb n.
Third-Record title was found a.,o..-.
and ' Aouho ueiecuve,
Fourth-.A previous application had 49,.
made Tor the same premises. which w"s zen
drawn pending = suit in Court commencan W.
the adverse claimant. Dy
An application for patent will be re,.o..,
when the survey does not accuratelv 49, yss.ea
boundaries OF the claim. Ao 'ae
where the Claim was not located in seoo.,
ance with law. ecoord.
Where several parties own separate and A,
tncI portions OF . claim. application n,
patent may be made by either for IN a. na..f
OF the claim owned by him: but vhers po o.aol
parties W undivided interests in . ,n,n."a
claim all should join in an application for
patent. VI
A person or association may pureh..,.
"eny p.oNoh AVSouons = = the local law admfts
and embrace them all in one spplication t.
patont.
Two or more iodes cannot be embraced a.
one Application for u patent except foy nIsoa.
claims embracing two or more lodes W nm
their boundaries N'
ing to act as q deputy for the Register ana r.
ceiyer cannot be recorded as evidences,
In all patents for mining claims aituatad
within the interior boundaries Of a town 49,
o clause Is inserted Excepting and ercirair,
all town property, rights upon the surfsce
blocks, streets, alleys or other municinsl In
provements not belonging to the grantee bera.
in, and all rights necessary or proper 10 tbs
occupation. possession and enjoyment Of ths
same"
Publication Of notice must be made n on,v
one newspaper for the period Of 60 dsya.
Notice must be published 10 Consecutive
weeks In weekly newspapers. and in daily
newspapers GO days must elapse between tbs
first and last insertions.
Where the Register designAtes thedstly issua
of q newspaper for publication of notices Of !
pliance with law to change to the weekly edi.
ton of the same paper without authority Of
the Register.
TIL existence Of a salt spring on q tract Of
land witbdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
l v th0 PutRO1D VI PEOfluR Tic hyriCuifufal
character of such land 10 not allowed. Land
containing valuable deposits Of slate may BE-
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale g separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises oynsd
| by such adverse claimant.
The papersi in an adverse claim, once fled,
cannot be withdrawn. but becomes q part Of the
record.
When an adverse claim has been filed II can.
not DO amended so as to embrace a larger Dol.
ton OF the premises than that described in tue
original adverse claim.
An adverse claim must be made ont 10
proper form and fled In the proper local Office
during the period of publication Of the appl.
cation for the patent to be effective.
II is the duty Of the adverse claimant
suit in proper form within the re-
quired time, and II he trusts The uncertain
medium of the United States mail he mus.
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the cor fupto or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the factE upon which he bsses his adverse
claim. A statement In general terms, embody.
ing conclusions Of law, without stating The
facts specially, will not be considered 10 ei.
dence.
An adverse claimant should show a compl.
ance with the local laws IN recording his slain
and In regard 20 expenditures. and shall hlet
copy Of the original notice of his location, snd
show the nature or extent OF the conflict
alleged.
An allegation Of parties to q suit that taf
compose the company 10 sufficient, and tnel
are not required to prove that they are tss
original ~locators or the identical parties vho
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land Is Of little. If any value, for igi'
cultural purposes, but 10 essential to ne
proper development of mining claims, II
hould be disposed OF under the Mining Act'
Where lands containing valuable mi1era
deposits have been Included In an Agriculture
entry, said entry will be Cancelled at any ulns
prior 10 Issuance Of patent, upon sstisftcbv
evidence OF the existence Of such valuable Dc
posts. u.
Where valuable deposits Of mineral are DIS
covered upon o tract after the SAINT iss Deea
On tered as agricultural, but before ! xent hn
been issued, the parties claiming the Mms
may make application for patent for ssm''
and the agricultural ontry will be canceiea Y
that portion OF the land embraced " sA
mining claim.
Where mineral deposits are discovered %
agricultural lands after the patent Ass Dss
issued 10 ali agricultural claimant, tnsy ~"
with the patent.
Agricultural College scrip cannot %
ceived in payment for claims.
ALIENS.
A foreigner may make a mining locstloa
dispose OF 1t. provided he becomes . eian n
before disposing OF the mine. Proof va, Ia Y.
party was not q citizen before disposng""
claim must be sfirmatively shown. aha,
Locstors and intermediate owners Nan, Nan
than applicants, will not be p~resninso 'n n,or
in the absence Of allegation or objecuop r
to Issuance of patent. -.,ahm
The portion Of a mining claim son
alien cannot be patented while snen samss
an alien; but on his declaration 2 nahs
citizen his right dates back to ns y snls
sud he may thereupon secure UNIV
patent for his claim.
Cross LEDGEs
Revised Statutes. Section 1885, ,,uaset
Where two or more lodges cross ~" ,s,u sa
each other, priority OF title shall sS, =" Al ore
such prior location shall be entilleu~diuM inter.
or mineral contsined within the eps'yh".nhN
section, but the subsequent location n inter
the right of way through the spa sonyepisut
section for the purpose Oh JUG .wo or rore
working OF the mine. And wnef1 stion shall
veins unite the oldest or prior ~ uniop, In
take the vein below the poin.oa
GLIDING all the space of intersee"'A
There lie no authority of law fOr location